CHAPTER VI. STATE ORGANS
SECTION 1. THE SUPREME PEOPLE’S ASSEMBLY
Article 87
The Supreme People’s Assembly is the highest organ of State power in the Democratic People’s Republic of Korea.
Article 88
Legislative power is exercised by the Supreme People’s Assembly. The Presidium of the Supreme People’s Assembly also may exercise legislative power when the Supreme People’s Assembly is not in session.
Article 89
The Supreme People’s Assembly is composed of deputies elected on the principle of universal, equal and direct suffrage by secret ballot.
Article 90
The Supreme People’s Assembly is elected for a term of five years. A new Supreme People’s Assembly is elected according to a decision of the Presidium of the Supreme People’s Assembly prior to the expiry of the former’s term of office. When unavoidable circumstances render an election impossible, the term of office of the Supreme People’s Assembly is prolonged until an election can be held.
Article 91
The Supreme People’s Assembly has the authority to:
- amend or supplement the Constitution;
- adopt, amend or supplement laws;
- approve the major laws adopted by the Presidium of the Supreme People’s Assembly, when the Supreme People’s Assembly is not in session;
- establish the basic principles of the State’s domestic and foreign policies;
- elect or recall the Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea;
- elect or recall the President of the Presidium of the Supreme People’s Assembly;
- elect or recall the Vice-Chairmen and members of the State Affairs Commission on the recommendation of the Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea;
- elect or recall the Vice-Presidents, Honorary Vice-Presidents, Secretary and members of the Presidium of the Supreme People’s Assembly;
- elect or recall the Premier of the Cabinet;
- appoint the Vice-Premiers, Chairmen, Ministers and other members of the Cabinet on the recommendation of the Premier of the Cabinet;
- appoint or remove the Prosecutor General of the Central Public Prosecutors Office;
- elect or recall the President of the Central Court;
- elect or recall the Chairmen, Vice-Chairmen and members of the Committees of the Supreme People’s Assembly;
- deliberate and approve the State plan for the development of the national economy and the report on its implementation;
- deliberate and approve the State budget and the report on its implementation;
- hear a report on the work of the Cabinet and the central bodies when necessary, and adopt relevant measures;
- decide on ratification and nullification of treaties suggested to the Supreme People’s Assembly.
Article 92
The Supreme People’s Assembly holds regular and extraordinary sessions. Regular sessions are convened once or twice a year by the Presidium of the Supreme People’s Assembly. Extraordinary sessions are convened when the Presidium of the Supreme People’s Assembly deems them necessary, or at the request of a minimum of one-third of the total number of deputies.
Article 93
The Supreme People’s Assembly requires a quorum of at least two-thirds of the total number of deputies in order to meet.
Article 94
The Supreme People’s Assembly elects its Speaker and Deputy Speaker. The Speaker presides over the sessions.
Article 95
Items to be considered at the Supreme People’s Assembly are submitted by the Chairman of the State Affairs Commission, the State Affairs Commission, the Presidium of the Supreme People’s Assembly, the Cabinet and the Committees of the Supreme People’s Assembly of the Democratic People’s Republic of Korea. Items can also be presented by deputies.
Article 96
The first session of each Supreme People’s Assembly elects the Credentials Committee and, on hearing the Committee’s report, adopts a decision confirming the credentials of deputies.
Article 97
The Supreme People’s Assembly issues laws, ordinances and decisions. Laws, ordinances and decisions of the Supreme People’s Assembly are adopted when more than half of the deputies attending signify approval by a show of hands. The Constitution is amended or supplemented with the approval of more than two-thirds of the total number of deputies to the Supreme People’s Assembly.
Article 98
The Supreme People’s Assembly appoints the Bills Committee, the Budget Committee and other Committees. The Committees of the Supreme People’s Assembly consist of Chairman, Vice-Chairman and members. The Committees of the Supreme People’s Assembly assist in the work of the Supreme People’s Assembly; they plan or deliberate the State policy and bills and take measures for their implementation. The Committees of the Supreme People’s Assembly work under the guidance of the Presidium of the Supreme People’s Assembly during the intervals between sessions of the Supreme People’s Assembly.
Article 99
Deputies to the Supreme People’s Assembly are guaranteed inviolability. No deputy to the Supreme People’s Assembly may be arrested or punished without the consent of the Supreme People’s Assembly or, when it is not in session, without the consent of its Presidium, unless he or she is caught in the act.
SECTION 2. THE CHAIRMAN OF THE STATE AFFAIRS COMMISSION OF THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Article 100
The Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea is the supreme leader of the Democratic People’s Republic of Korea.
Article 101
The term of office of the Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea is the same as that of the Supreme People’s Assembly.
Article 102
The Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea is the supreme commander of the whole armed forces of the Democratic People’s Republic of Korea and commands and directs all the armed forces of the State.
Article 103
The Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea has the following duties and authority to:
- direct the overall affairs of the State;
- personally guide the work of the State Affairs Commission;
- appoint or remove key cadres of the State;
- ratify or rescind major treaties concluded with other countries;
- exercise the right of granting special pardon;
- proclaim a state of emergency, a state of war and mobilization order within the country;
- organize and direct the National Defence Committee in wartime.
Article 104
The Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea issues orders.
Article 105
The Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea is accountable to the Supreme People’s Assembly.
SECTION 3. THE STATE AFFAIRS COMMISSION
Article 106
The State Affairs Commission is the supreme policy-oriented leadership body of State power.
Article 107
The State Affairs Commission consists of the Chairman, Vice-Chairmen and members.
Article 108
The term of office of the State Affairs Commission is the same as that of the Supreme People’s Assembly.
Article 109
The State Affairs Commission has the following duties and authority to:
- discuss and decide important policies of the State, including those for defence building;
- exercise supervision over the fulfillment of the orders of the Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea and the decisions and directives of the State Affairs Commission, and take measures for their fulfillment;
- abrogate decisions and directives of State organs which run counter to the orders of the Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea and the decisions and directives of the State Affairs Commission.
Article 110
The State Affairs Commission issues decisions and directives.
Article 111
The State Affairs Commission is accountable to the Supreme People’s Assembly.
SECTION 4. THE PRESIDIUM OF THE SUPREME PEOPLE’S ASSEMBLY
Article 112
The Presidium of the Supreme People’s Assembly is the highest organ of State power when the Supreme People’s Assembly is not in session.
Article 113
The Presidium of the Supreme People’s Assembly consists of the President, Vice-Presidents, Secretary and members.
Article 114
The Presidium of the Supreme People’s Assembly may have a few Honorary Vice-Presidents. Honorary Vice-Presidents of the Presidium of the Supreme People’s Assembly may be deputies to the Supreme People’s Assembly who have participated in the work of State building for a long time and rendered distinguished service.
Article 115
The term of office of the Presidium of the Supreme People’s Assembly is the same as that of the Supreme People’s Assembly. The Presidium of the Supreme People’s Assembly continues its work until a new Presidium is elected, even after the term of the Supreme People’s Assembly expires.
Article 116
The Presidium of the Supreme People’s Assembly has the following duties and authority to:
- convene sessions of the Supreme People’s Assembly;
- deliberate and adopt the new draft bills and regulations and amendments and supplements to the current laws and regulations raised in the intervals between sessions of the Supreme People’s Assembly and obtain the approval of the next session of the Supreme People’s Assembly for major laws which are adopted and enforced;
- deliberate and approve the State plan for the development of the national economy, the State budget and plans for their adjustment raised for unavoidable reasons in the intervals between sessions of the Supreme People’s Assembly;
- interpret the Constitution as well as current laws and regulations;
- supervise law observance by the State organs and take relevant measures;
- rescind the decisions and directives of State bodies which run counter to the Constitution, laws, ordinances and decisions of the Supreme People’s Assembly, orders of the Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea, the decisions and directives of the State Affairs Commission, and the decrees, decisions and directives of the Presidium of the Supreme People’s Assembly, and suspend the implementation of unwarranted decisions of local People’s Assemblies;
- conduct the election of deputies to the Supreme People’s Assembly and organize the elections of deputies to the local People’s Assemblies;
- work with the deputies to the Supreme People’s Assembly;
- work with the Committees of the Supreme People’s Assembly;
- set up or abolish Commissions and Ministries of the Cabinet;
- appoint or remove Vice-Premiers, Chairmen, Ministers and other members of the Cabinet on the recommendation of the Premier of the Cabinet when the Supreme People’s Assembly is not in session;
- appoint or remove members of Committees of the Presidium of the Supreme People’s Assembly;
- elect or recall the Judges and People’s Assessors of the Central Court;
- approve or nullify treaties concluded with other countries;
- decide and make public the appointment or recall of diplomatic representatives to other countries;
- institute decorations, medals, titles of honour and diplomatic ranks and confer decorations, medals and titles of honour;
- grant general amnesties;
- establish or alter administrative units and districts;
- conduct external activities including contacts with foreign parliaments and inter-parliamentary organizations.
Article 117
The President of the Presidium of the Supreme People’s Assembly organizes and guides the work of the Presidium. The President of the Presidium of the Supreme People’s Assembly represents the State and receives the credentials and letters of recall of diplomatic representatives accredited by foreign countries.
Article 118
The Presidium of the Supreme People’s Assembly convenes Plenary Meetings and Meetings of the Permanent Committee. The Plenary Meeting consists of all the members. The Meeting of the Permanent Committee consists of the President, Vice-Presidents and Secretary.
Article 119
The Plenary Meeting of the Presidium of the Supreme People’s Assembly deliberates and decides on important matters arising in fulfilling the duties of the Presidium and exercising its authority. The Meeting of the Permanent Committee deliberates and decides on matters entrusted to it by the Plenary Meeting.
Article 120
The Presidium of the Supreme People’s Assembly issues decrees, decisions and directives.
Article 121
The Presidium of the Supreme People’s Assembly may have Committees to assist it in its work.
Article 122
The Presidium of the Supreme People’s Assembly is accountable to the Supreme People’s Assembly.
SECTION 5. THE CABINET
Article 123
The Cabinet is the administrative and executive body of State power and organ of overall State administration.
Article 124
The Cabinet consists of the Premier, Vice-Premiers, Chairmen, Ministers and other members as required. The term of office of the Cabinet is the same as that of the Supreme People’s Assembly.
Article 125
The Cabinet has the following duties and authority to:
- adopt measures for the implementation of State policies;
- adopt, amend or supplement the regulations on State administration on the basis of the Constitution and the laws;
- direct the work of the Commissions and Ministries of the Cabinet, organs directly under its authority and local People’s Committees;
- establish or abolish organs directly under its authority, major administrative and economic bodies and enterprises, and adopt measures for improving State administration bodies;
- draft the State plan for the development of the national economy and adopt measures to put it into effect;
- compile the State budget and adopt measures to implement it;
- organize and execute the work of industry, agriculture, construction, transport, post and telecommunications, commerce, foreign trade, land administration, municipal administration, education, science, culture, health service, physical culture and sport, labour administration, protection of environment, tourism, and so on;
- adopt measures to strengthen the monetary and banking system;
- inspect and control the establishment of order in State administration;
- adopt measures to maintain public order, protect the property and interests of the State and social, cooperative organizations, and safeguard the rights of citizens;
- conclude treaties with foreign countries and conduct external affairs;
- rescind the decisions and directives of administrative and economic bodies which run counter to the decisions and directives of the Cabinet.
Article 126
The Premier of the Cabinet organizes and guides the work of the Cabinet. The Premier of the Cabinet represents the Government of the Democratic People’s Republic of Korea.
Article 127
The Cabinet convenes Plenary Meetings and Meetings of the Permanent Committee. The Plenary Meeting of the Cabinet consists of all the members of the Cabinet. The Meeting of the Permanent Committee consists of the Premier, Vice-Premiers and other members of the Cabinet appointed by the Premier.
Article 128
The Plenary Meeting of the Cabinet deliberates and decides on new and important administrative and economic matters. The Meeting of the Permanent Committee deliberates and decides on matters referred to it by the Plenary Meeting of the Cabinet.
Article 129
The Cabinet issues decisions and directives.
Article 130
The Cabinet may have non-permanent committees to assist it in its work.
Article 131
The Cabinet is accountable to the Supreme People’s Assembly and to the Presidium of the Supreme People’s Assembly when the Supreme People’s Assembly is not in session.
Article 132
The newly-elected Premier of the Cabinet takes an oath of allegiance on behalf of the members of the Cabinet at the Supreme People’s Assembly.
Article 133
The Commissions and Ministries of the Cabinet are departmental executive bodies of the Cabinet and central departmental bodies of administration.
Article 134
The Commissions and Ministries of the Cabinet supervise and guide the work of the sectors concerned in a uniform way under the guidance of the Cabinet.
Article 135
The Commissions and Ministries of the Cabinet run committee meetings and cadre meetings. The committee meeting and cadre meeting deliberate and decide on the measures for the implementation of the decisions and directives of the Cabinet and other important matters.
Article 136
The Commissions and Ministries of the Cabinet issue directives.
SECTION 6. THE LOCAL PEOPLE’S ASSEMBLY
Article 137
The People’s Assembly of a province (or municipality directly under central authority), city (or district) or county is the local organ of State power.
Article 138
The local People’s Assembly consists of deputies elected on the principle of universal, equal and direct suffrage by secret ballot.
Article 139
The term of office of the People’s Assembly of a province (or municipality directly under central authority), city (or district) or county is four years. A new local People’s Assembly is elected according to the decision of the local People’s Committee at the corresponding level prior to the expiry of the former’s term of office. When unavoidable circumstances render an election impossible, the term of office of the local People’s Assembly is prolonged until an election can be held.
Article 140
The local People’s Assembly has the following duties and authority to:
- deliberate and approve the local plan for the development of the national economy and the report on its implementation;
- deliberate and approve the local budget and the report on its implementation;
- adopt measures to observe State laws in the area concerned;
- elect or recall the Chairman, Vice-Chairmen, Secretary and members of the People’s Committee at the corresponding level;
- elect or recall the Judges and People’s Assessors of the Court at the corresponding level;
- rescind unwarranted decisions and directives of the People’s Committee at the corresponding level and the People’s Assemblies and People’s Committees at lower levels.
Article 141
The local People’s Assembly convenes regular and extraordinary sessions. Regular sessions are convened once or twice a year by the People’s Committee at the corresponding level. Extraordinary sessions are convened when the People’s Committee at the corresponding level deems them necessary or at the request of a minimum of one-third of the total number of deputies.
Article 142
The local People’s Assembly requires a quorum of at least two-thirds of the total number of deputies in order to meet.
Article 143
The local People’s Assembly elects its Speaker. The Speaker presides over the sessions.
Article 144
The local People’s Assembly issues decisions.
SECTION 7. THE LOCAL PEOPLE’S COMMITTEE
Article 145
The People’s Committee of a province (or municipality directly under central authority), city (or district) or county exercises the function of the local organ of State power when the People’s Assembly at the corresponding level is not in session and the administrative and executive organ of State power at the corresponding level.
Article 146
The local People’s Committee consists of the Chairman, Vice-Chairmen, Secretary and members. The term of office of the local People’s Committee is the same as that of the corresponding People’s Assembly.
Article 147
The local People’s Committee has the following duties and authority to:
- convene sessions of the People’s Assembly;
- organize the election of deputies to the People’s Assembly;
- work with the deputies to the People’s Assembly;
- implement the decisions and directives of the corresponding local People’s Assembly and the People’s Committees at higher levels, the laws, ordinances and decisions of the Supreme People’s Assembly, the orders of the Chairman of the State Affairs Commission of the Democratic People’ Republic of Korea, the decisions and directives of the State Affairs Commission, the decrees, decisions and directives of the Presidium of the Supreme People’s Assembly and the decisions and directives of the Cabinet and the Commissions and Ministries of the Cabinet;
- organize and carry out all administrative affairs in the given area;
- draft the local plan for the development of the national economy and adopt measures to implement it;
- compile the local budget and adopt measures for its implementation;
- adopt measures to maintain public order, protect the property and interests of the State and social, cooperative organizations and safeguard the rights of citizens in the given area;
- inspect and control the establishment of order in State administration in the given area;
- direct the work of the People’s Committees at lower levels;
- rescind unwarranted decisions and directives of the People’s Committees at lower levels, and suspend the implementation of unwarranted decisions of the People’s Assemblies at lower levels.
Article 148
The local People’s Committee convenes Plenary Meetings and Meetings of the Permanent Committee. The Plenary Meeting of the local People’s Committee consists of all its members. The Meeting of the Permanent Committee consists of the Chairman, Vice-Chairmen and Secretary.
Article 149
The Plenary Meeting of the local People’s Committee deliberates and decides on important matters arising in implementing its duties and exercising its authority. The Meeting of the Permanent Committee deliberates and decides on the matters referred to it by the Plenary Meeting.
Article 150
The local People’s Committee issues decisions and directives.
Article 151
The local People’s Committee may have non-permanent committees to assist it in its work.
Article 152
The local People’s Committee is accountable to the corresponding People’s Assembly. The local People’s Committee is subordinate to the People’s Committees at higher levels, the Cabinet and the Presidium of the Supreme People’s Assembly.
SECTION 8. THE PUBLIC PROSECUTORS OFFICE AND THE COURT
Article 153
Investigation and prosecution are conducted by the Central Public Prosecutors Office, the Public Prosecutors Offices of a province (or municipality directly under central authority), city (or district) or county and the Special Public Prosecutors Office.
Article 154
The term of office of the Prosecutor General of the Central Public Prosecutors Office is the same as that of the Supreme People’s Assembly.
Article 155
Public prosecutors are appointed or removed by the Central Public Prosecutors Office.
Article 156
The functions of the Public Prosecutors Office are to:
- ensure the strict observance of State laws by institutions, enterprises, organizations and citizens;
- ensure that the decisions and directives of State bodies conform with the Constitution, the laws, ordinances and decisions of the Supreme People’s Assembly, the orders of the Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea, the decisions and directives of the State Affairs Commission, the decrees, decisions and directives of the Presidium of the Supreme People’s Assembly, and the decisions and directives of the Cabinet;
- identify and institute legal proceedings against criminals and offenders in order to protect the State power of the Democratic People’s Republic of Korea, the socialist system, the property of the State and social, cooperative organizations, personal rights as guaranteed by the Constitution and the people’s lives and property.
Article 157
Investigation and prosecution are conducted under the unified direction of the Central Public Prosecutors Office, and all Public Prosecutors Offices are subordinate to their higher offices and the Central Public Prosecutors Office.
Article 158
The Central Public Prosecutors Office is accountable to the Supreme People’s Assembly and to the Presidium of the Supreme People’s Assembly when the Supreme People’s Assembly is not in session.
Article 159
Justice is administered by the Central Court, the Court of a province (or municipality directly under central authority), the City (or District) or County People’s Courts, and the Special Court. Verdicts are delivered in the name of the Democratic People’s Republic of Korea.
Article 160
The term of office of the President of the Central Court is the same as that of the Supreme People’s Assembly. The term of office of Judges and People’s Assessors of the Central Court, the Court of a province (or municipality directly under central authority) and the City (or District) or County People’s Courts is the same as that of the People’s Assembly at the corresponding level.
Article 161
The President and Judges of the Special Court are appointed or removed by the Supreme Court. The People’s Assessors of the Special Court are elected by the soldiers of the unit concerned or by employees at their meetings.
Article 162
The functions of the Court are to:
- protect through judicial procedure the State power and the socialist system established in the Democratic People’s Republic of Korea, the property of the State and social, cooperative organizations, personal rights as guaranteed by the Constitution, and the lives and property of citizens;
- ensure that all institutions, enterprises, organizations and citizens abide strictly by State laws and staunchly combat class enemies and all law-breakers;
- give judgements and findings with regard to property and conduct notarial work.
Article 163
Justice is administered by a Court consisting of one Judge and two People’s Assessors. In special cases there may be three Judges.
Article 164
Court cases are heard in public and the accused is guaranteed the right of defence. Hearings may be closed to the public as stipulated by law.
Article 165
Judicial proceedings are conducted in the Korean language. Foreign citizens may use their own language during court proceedings.
Article 166
In administering justice, the Court is independent, and judicial proceedings are carried out in strict accordance with the law.
Article 167
The Central Court is the highest judicial organ of the Democratic People’s Republic of Korea. The Central Court supervises the judicial activities of all the Courts.
Article 168
The Central Court is accountable to the Supreme People’s Assembly and to the Presidium of the Supreme People’s Assembly when the Supreme People’s Assembly is not in session.
